CC RES 1996-048RESOLUTION NO. 96 - 48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES APPROVING AN AMENDMENT
TO THE JOINT EXERCISE OF POWERS AGREEMENT
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
THE RANCHO PALOS VERDES REDEVELOPMENT
AGENCY
RECITALS:
A. The Joint Exercise of Powers Act, California Government Code
section 6500, et set,., ( "the Act ") provides that public agencies by agreement may
jointly exercise any power common to the contracting parties.
B. The City of Rancho Palos Verdes ( "City ") and the Rancho Palos
Verdes Redevelopment Agency ( "Agency ") are "public agencies" within the meaning of
that term under Section 6502 of such Act.
C. Pursuant to the Act, the City and the Agency entered into a Joint
Exercise of Powers Agreement, dated September 4, 1990 ( "Agreement "), which created
the Rancho Palos Verdes Improvement Authority ( "Authority "). The principal purpose
of the Authority is to maintain improvements constructed by Agency in furtherance of
the Reimbursement and Settlement Agreement dated October 13, 1987, by and among
the City, the Agency and the County of Los Angeles.
D. The City and the Agency desire to amend the Agreement as set forth
in the First Amendment To Joint Exercise of Powers Agreement, which is attached
hereto as Exhibit "A" and incorporated herein by this reference.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS
FOLLOWS:
Section 1. The Joint Exercise of Powers Agreement, dated September 4,
19901 by and between the City of Rancho Palos Verdes and the Rancho Palos Verdes
Redevelopment Agency, is hereby amended, as set forth in Exhibit "A" hereto. The
Mayor is hereby authorized and directed for and on behalf of the City of Rancho Palos
Verdes, to execute and deliver such Amendment for and on behalf of the City.
PASSED, APPROVED and ADOPTED this 18th day of June, 1996.
ATTF .qT-
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF RANCHO PALOS VERDES
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1-72111
Mayor
I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, hereby certify that
the above Resolution No. 96 -48 was duly and regularly passed and adopted by the City
Council at a regular meeting thereof held on June 18, 1996.
City Cler
City of R cho Palos Verdes
RESOLUTION NO. 96-48
PAGE 2OF2
FIRST AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT
This Agreement is dated June 18, 1996, and is between
the City of Rancho Palos Verdes ( "City ") and the Rancho Palos
Verdes Redevelopment Agency ("Agency"),, referred to collectively
as "the Parties".
RECITALS
A. On September 4, 1990, the Parties entered into a
Joint Exercise of Powers Agreement which created a Joint Powers
Authority pursuant to state law for the purposes of implementing
certain provisions of the Reimbursement and Settlement Agreement
which was entered into by the City in connection with the
settlement of the Horan litigation.
B. The purpose of the creation of the Authority was to
utilize certain funds paid pursuant to the Reimbursement and
Settlement Agreement for the purpose of maintaining landslide
abatement improvements constructed by Agency as provided in the
Reimbursement and Settlement Agreement, excluding sewers.
C. Section 8 of the Joint Exercise of Powers
Agreement, as presently drafted, could be construed in a manner
which is inconsistent with the terms of the Reimbursement and
Settlement Agreement. Accordingly, it is necessary to amend that
Section to ensure that it is fully consistent with the terms of
the Reimbursement and Settlement Agreement. In addition, a
revision to Section 12 also would eliminate potential confusion
regarding the intent of that Section in light of other provisions
of the Agreement.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
Section 1, Sections 8 and 12 of the Joint Exercise
of Powers Agreement are hereby amended to read as follows:
"Section 8. Contributions; Payments and Advances; Use-
of Personnel, Equipment or Property. The Parties may make
contributions from their respective treasuries in furtherance of
any or ail of me purposes se
Parties may make payments of
any or all of such purposes.
public moneys for any or all
shall be repaid as may be pro
regarding advances which may
Authority and the Party or Pa
nel, equipment or property of
Agreement may be used in lieu
The moneys may be paid to and
any or all of the Parties. T
of moneys pursuant to and in
Settlement Agreement for the
maintain landslide abatement
excluding sewers and excludin
private property that are not
tortn in this Agreement. The
)ublic moneys to defray the cost of
The Parties may make advances of
)f such purposes. Such advances
aided by separate agreement
)e entered into between the
:ties making such advance. Person -
any of the Parties to this
of other contributions or advances,
disbursed by the Authority, or by
ie Authority may receive and dispose
urtherance of the Reimbursement and
)urposes set forth therein to
improvements constructed by Agency,
I improvements constructed on
owned by Agency, City or Authority.
EXHIBIT "A" TO RESOL. NO. 96 -48
PAGE 1 OF 2
These moneys shall be paid to the Authority and shall be
deposited into the special maintenance fund designated by the
Reimbursement and Settlement Agreement with two separate
accounts, one account for maintenance of the Abalone Cove area
improvements and the other account for maintenance of the
Portuguese Bend area improvements, and shall only be used or
expended by the Authority consistent with, pursuant to, and in
furtherance of the purposes set forth in the Reimbursement and
Settlement Agreement. Investment earnings on moneys set aside
for maintenance shall be used solely for the purpose of such
maintenance.
"Section 12. Obligations of Authority; Contracts for
Separate Responsibility. The debts, liabilities, and obligations
of the Authority shall not be the debts, liabilities, and
obligations of the Parties."
Section 2. The effective date of this Agreement
shall be June 18, 19960
IN WITNESS WHEREOF, the undersigned have executed this
Agreement on the date indicated below.
DATED: June 18, 1996
ATTEST:
City Clerk
Dated: June 18, 1996
ATTEST:
'Secretary - of the
Redevelopment Agency
CITY OF RANCHO PALOS VERDES
r
By:
Mayor of t Ci
'w
y f
Ranch Palos Ver es
RANCHO PALOS VERDES REDEVELOPMENT
AGENCY
By:
Chai man a the ncho
Palo Verges Re evelopment
Agency
EXHIBIT "A" TO RESOL. NO. 96 -48
PAGE 2 OF 2